By Grażyna Baranowska1, Marie-Bénédicte Dembour2 and Isabel Kienzle3 This post, an output of the DISSECT’s project, is concomitantly being published on the Strasbourg Observers blog. Regularly operated at many borders of CoE member states, pushbacks are problematic practices from a human rights perspective. They generally violate the principle of non-refoulement under Article 3 ECHR asContinue reading “Evidencing Pushbacks at borders of CoE Member States: Third Party Intervention in A.A.N. and Others v. Greece”
Author Archives: Marie-Benedicte Dembour
Pushing states to evidence pushbacks: Lessons from MH v. Croatia for intersecting domestic criminal law and international human rights
By Irina Fehr1 and Jill Alpes2 A ‘pushback’ refers to the forcible expulsion of individuals from a country without considering their specific circumstances, denying them the chance to seek international protection, often accompanied by violence and excessive force. Although pushback practices may also constitute crimes, human rights-based pushback litigation is predominant. In this blogpost, weContinue reading “Pushing states to evidence pushbacks: Lessons from MH v. Croatia for intersecting domestic criminal law and international human rights”
Scientific evidence in Strasbourg’s environmental jurisprudence through the prism of Ilva Taranto
By: Jozef Seghers* 1. Introduction Ilva Taranto is Europe’s largest steel plant, and its travails have given rise to commensurate amounts of legislation and court cases. In the past few weeks, the plant has been in the news in Italy once more, as the government wrangled with the private shareholders over yet another investment plan,Continue reading “Scientific evidence in Strasbourg’s environmental jurisprudence through the prism of Ilva Taranto”
Evidence between expertise and expedience: Reflections on the symposium ‘Evidentiary regimes of UN Treaty Bodies: Perspectives from research and practice’ (Ghent, 15-16 May 2023)
By Ergün Cakal* DISSECT hosted a two-day symposium on ‘Evidentiary regimes of UN Treaty Bodies’ (UNTBs) between 15-16 May 2023, at Ghent University. It brought together 20 participants who each presented and discussed a paper on research or practice around the use of evidence in different treaty bodies, upon the backdrop of the potentials andContinue reading “Evidence between expertise and expedience: Reflections on the symposium ‘Evidentiary regimes of UN Treaty Bodies: Perspectives from research and practice’ (Ghent, 15-16 May 2023)”
The escape of the state: No shift in the burden of the proof and no anti-Roma discrimination by the police in P.H. v Slovakia
By Marie-Bénédicte Dembour Thanks to Emma Várnagy whose insightful post on the P.H. case published on the Strasbourg Observers blog inspired me to write my own take on the case, and whose comments on my text helped improve it. Would you jump from a 7.7 metres high window? Of course not! Nobody would, although, according toContinue reading “The escape of the state: No shift in the burden of the proof and no anti-Roma discrimination by the police in P.H. v Slovakia”